Post-Separation Earnings Are Included in a Property Settlement – So don’t delay!
Why shouldn’t you delay your property settlement? In the case of Trask & Westlake FamCASC 160 (14 August 2015), which was an appeal from a single judge to...
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Lottery Winnings & Property Settlements – Who gets the winnings?
If you win a lottery, are the lottery winnings an asset that the Family Court should adjust between you and your spouse post separation? The answer is generally “yes”…...
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Legal Recognition of Same Sex Couples
Same Sex Relationships – Children & Surrogacy Family Law Issues In 1999, the Government amended the Property (Relationships) Act NSW to include same sex relationships within the definition of...
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Can a Trustee in Bankruptcy take your share of the house in family law property proceedings?
The short answer is ‘it depends’. Upon bankruptcy, the bankrupt’s property vests in the trustee. If one spouse of the marriage is an undischarged bankrupt the trustee in bankruptcy...
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World 1st: Australian Judge Defines Conception
When Does Conception Begin? In a world first, a Brisbane judge has made a ruling on conception that is set to have a significant impact on parents in Queensland...
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Who is your child’s Guardian?
Guardians of Children Drafting a Will for the parents of young children raises the issue of the appointment of guardians for those children. Barry and Barbara have two children...
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What assets won’t pass under your will?
Transcript Warwick Gilbertson: What assets won’t pass under your will? You’ve done your will and you think that you’ve provided for your beneficiaries, but have you? Property Ownership How...
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I would rather give it away than they get it!
Can you give property away to remove it from a family law settlement? When you are going through a family law property settlement emotions are running high. You may...
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Can you dispose of your ex-partner’s property?
What’s needed before you can dispose of your ex-spouse’s property? Separation often occurs quickly, usually via a trigger moment. This may be an argument, or through the intervention of a...
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Can you make a will during COVID-19?
Transcript Warwick Gilbertson: Can you make your will or update your will during COVID-19? Hi, I’m Warwick Gilbertson, a solicitor at Turnbull Hill Lawyers who specialises in wills and...
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